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Types of Protective Orders

Types of Protective Orders a Court May Issue in Washington State

 

SEXUAL ASSAULT PROTECTION ORDER (SAPO)

DOMESTIC VIOLENCE (DV) PROTECTION ORDER (PO)

NO-CONTACT ORDER (NCO)

RESTRAINING ORDER

Type of Order

Civil or criminal – RCW 7.90.

Civil - RCW 26.50.

Criminal RCW 10.99.

Civil RCW 26.09, 26.10, 26.26.

Who May Seek an Order?

A person who does not qualify for a DV protection order and is a victim of nonconsensual sexual conduct or non-consensual sexual penetration, including a single incident, may petition for a civil order. Minors under the age of 16 with parent or guardian. Court may appoint a guardian ad litem for either petitioner or respondent at no cost to either party. Order on behalf of victims of sex offenses may be issued when criminal charges filed.

A person who fears violence from a “family or household member” (RCW 10.99.020), or who has been the victim of physical harm or fears imminent physical harm or stalking from a “family or household member,” (includes dating relationships). Petitioners 13 or older in a dating relationship with a respondent, 16 or older; minors aged 13–15 with a parent, guardian, guardian ad litem, or next friend.

Incident must have been reported to the police. Criminal charges must be pending. Judge must consider issuance pending release of defendant from jail, at time of arraignment, and at sentencing.

Petitioner who is married to respondent or has child in common.

Jurisdiction

District, municipal, or superior court. See RCW 26.50.020(5). Telephonic hearings available pursuant to court rule and in limited circumstances.

Telephonic hearings available in limited circumstances.

· TPO: district, municipal, or superior court.

· PO: limited to superior court if superior court has family law action pending, or if case involves children or order to vacate home.

District, municipal, or superior court.

Superior court

Cost to Petitioner

No filing or service fees.

No filing or service fees.

None.

Fee waived if indigent.

How does respondent get notice?

Notice of civil order served on the respondent. Notice by certified mail or publication authorized in some cases.

Notice of criminal order given to defendant verbally and in writing when order is entered.

Notice served on the respondent. Notice by certified mail or publication authorized in limited circumstances.

Verbal and written notice given at bail hearing, arraignment, or sentencing. As part of sentencing, court may issue a no-contact order.

Notice served on respondent or respondent's attorney.

Consequences if order is knowingly violated

Mandatory arrest for violating restraint and exclusion provisions. Possible criminal charges or contempt. Class C felony if assault or reckless endangerment, otherwise gross misdemeanor.

Mandatory arrest for violating restraint and exclusion provisions. Possible criminal charges or contempt. Class C felony if assault or reckless endangerment, otherwise gross misdemeanor.

Mandatory arrest. Release pending trial may be revoked. Additional criminal or contempt charges may be filed. Felony if assault, reckless endangerment or drive-by shooting, otherwise gross misdemeanor.

Mandatory arrest. Gross misdemeanor. Possible criminal charges or contempt.

Maximum duration of order

· Temporary civil SAPO: 14 days with service.

· Full civil SAPO: Designated by court up to two years.

· Criminal orders: Designated by court.

·  Post-sentencing provision may last up to two years following imprisonment, or community supervision, conditional release, probation, or parole.

· TPO: 14 days with service.

· TPO: 24 days certified mail or with service by publication.

· PO: Designated by court, one year, or permanent.

Until trial and sentencing are concluded. Post- sentencing provision lasts for possible maximum of sentence in superior court.  In district or municipal court, for a fixed period not to exceed 5 years.

· TRO:14 days.

· Preliminary injunction: dependency of action.

· RO in final decree: permanent unless modified.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.